Violation of Domestic Violence Injunction
Willfully violating a domestic-violence injunction or qualifying foreign protection order through a listed prohibited act.
Florida Statute
§ 741.31
Violation of an injunction for protection against domestic violence
Quick Summary
Confirm the order is valid and in effect, the defendant's knowledge or willful conduct, the prohibited act, the victim, and qualifying prior convictions if applicable.
Classification Matrix
Use this as a quick classification reference. Specific facts, statutory circumstances, and charging allegations may affect the applicable result.
Willful Violation of Domestic Violence Injunction
F.S. § 741.31(4)(a)
Willfully violating a listed prohibition in a domestic-violence injunction or qualifying foreign protection order.
Firearm or Ammunition Violation of Final Domestic Violence Injunction
F.S. § 741.31(4)(b)
Possessing a firearm or ammunition in violation of a final domestic-violence injunction.
Repeat Violation Against Same Victim
F.S. § 741.31(4)(c)
After two or more qualifying prior convictions, committing a subsequent domestic-violence injunction or protection-order violation against the same victim.
Elements of the Offense
Elements of the Offense
- Element 1
A temporary or final injunction for protection against domestic violence, or a qualifying foreign protection order, was in effect against the defendant for the benefit of the victim.
Plain language: Confirm the applicable order, protected person, and that the order was in effect.
- Element 2
The defendant willfully committed a prohibited act identified in F.S. 741.31(4)(a) or (b).
Plain language: Identify the specific prohibited act and document conduct showing it was knowing, intentional, and purposeful.
- Element 3
For the felony repeat-violation track, the defendant previously had two or more qualifying injunction or protection-order convictions and the subsequent violation was against the same victim.
Plain language: Prior-conviction facts are a separate escalation issue; confirm the statutory same-victim requirement.
Jury Instructions
Jury Instructions
Instruction 8.18
Violation of an Injunction for Protection Against Domestic Violence
Florida Standard Jury Instructions in Criminal Cases, Instruction 8.18, for F.S. 741.31(4)(a). The repeat-violation determination requires the instruction's bifurcation guidance.
View Official InstructionImportant Definitions
Important Definitions
Willfully
Knowingly, intentionally, and purposely.
Domestic Violence
Any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or criminal offense resulting in physical injury or death of one family or household member by another family or household member.
Additional Notes
Additional Notes
Quick Reference
Document the order, protected person, service or notice facts, exact prohibited act, location or contact evidence, and any qualifying prior convictions. Domestic violence is a designation for underlying crimes; this page covers the separate injunction-violation charge.
Important
The statute lists alternative prohibited acts. For a felony repeat-violation charge, confirm two or more qualifying prior convictions and that the new violation is against the same victim. Review the current order itself for its precise terms.
Official Source
Verify the current statute and the actual injunction or qualifying foreign protection order before charging.